Philip C. Manning, Petitioner, v. Federal Aviation Administration, Respondent, 112 F.3d 516 (9th Cir. 1997)

MEMORANDUM^** 

Philip Charles Manning petitions pro se for review of the National Transportation Safety Board's ("NTSB") order affirming the decision of the Federal Aviation Administration to revoke Manning's private pilot certificate. We have jurisdiction pursuant to 49 U.S.C. § 1153(a). We review de novo the NTSB's conclusions of law, and we review for substantial evidence in the record the NTSB's findings of fact. See Olsen v. National Transp. Safety Bd., 14 F.3d 471, 474 (9th Cir. 1994). We deny the petition for review.

We conclude that substantial evidence supports the NTSB's order affirming the revocation of Manning's pilot certificate because of Manning's criminal convictions under 21 U.S.C. §§ 841(a) (1) & 846. See Olsen, 14 F.3d at 476. We agree with the NTSB that, because there are no disputed facts, no oral hearing was necessary before summary judgment. See Kolek v. Engen, 869 F.2d 1281, 1287 (9th Cir. 1989).

Manning's contention that the revocation violated the Double Jeopardy Clause lacks merit because the revocation was a remedial sanction, not a criminal sanction. See id. at 1288; United States v. Ursery, 116 S. Ct. 2135, 2142 (1996).

Manning's contention regarding the denial of his discovery motion lacks merit because there were no substantial errors in administrative procedure that prejudiced Manning. See Kolek, 869 F.2d at 1286.

Manning's contention regarding his Sixth Amendment right to confront witnesses lacks merit because the NTSB lacks the authority to review the validity of his convictions. See 49 U.S.C. § 44710(b) (3). To the extent Manning contends that he had a Sixth Amendment right to confront witnesses at his administrative hearing, this contention lacks merit. See SEC v. Jerry T. O'Brien, Inc., 467 U.S. 735, 741 (1984).

Manning's contention that the NTSB should have stayed its proceedings pending the resolution of his 28 U.S.C. § 2255 proceedings lacks merit because we agree with the NTSB that the Administrator does not have to wait for Manning to completely exhaust his criminal appeals before revoking his pilot's certificate. See 49 U.S.C. §§ 44710(b) (1) & (e) (2) (B) (ii).

Accordingly, we deny Manning's petition for review.

PETITION FOR REVIEW DENIED.